ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03578
INDEX CODE: 111.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He receive credit for points and pay for the period covering
November 2003 to November 2006.
________________________________________________________________
_
STATEMENT OF FACTS:
On 25 Jun 08 and 7 Jul 08, the Board considered and denied the
applicants appeal requesting he receive a In Line of Duty
(LOD) determination for Obstructive Sleep Apnea and he receive
credit for lost participation points and time in grade for
retirement for the period November 2003 through 2006. A
complete copy of the Record of Proceedings is attached at
Exhibit G (with Exhibits A through F).
By letter dated 1 Sep 09, applicant requests reconsideration of
his request contending that on 22 Jun 07, HQ AFRC/SGPA notified
his unit to remove his P4 status.
In support of his appeal, the applicant submits a copy of
HQ AFRC/SGPA memorandum, dated 22 Jun 07 and AF Form 422,
Physical Profile Serial Report, dated 9 Nov 04.
Applicants complete submission, with attachments is at
Exhibit H.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends granting partial relief
by offering pay and points for the period 22 Nov 03 through
17 Nov 06 in the grade of technical sergeant. The Medical
Consultant states obstructive sleep apnea, a chronic medical
disorder is unlikely to have first begun during the final months
of a one-year active duty deployment. It is important to
distinguish an LOD finding from a determination whether or not a
medical condition existed prior to (active) service for the
purpose of eligibility for entering the Disability Evaluation
System. Since the applicant's symptoms were first reported while
serving in a period of active duty, it is reasonable to
initially conclude that his symptoms were in line of duty.
However, once the clinical diagnosis was made, other possible
causes of an acute service-incurred cause of difficulty
breathing were ruled out. The brief historical note of record
(dated 2003 without the month and day) is descriptive of the
presence of symptoms for the past "1 to 2 years." This
information, along with the anatomic descriptions on examination
and the recognized pathophysiology of obstructive sleep apnea,
support a greater likelihood that the applicant's obstructive
sleep apnea existed prior to his activation and was unlikely to
have been permanently aggravated by his military service. The
Medical Consultant further states that it was not the
applicant's fault for the delays in processing his LOD
determination; noting efforts as early as 2003 to get this
accomplished and notwithstanding the "P4T" profile dated 2004.
The complete Medical Consultants evaluation is at Exhibit I.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 2 Mar 10, for review and comment within 30 days. As of this
date, no response has been received by this office.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined that there was
insufficient evidence to warrant any corrective action regarding
the applicants request for a In Line of Duty Determination and
credit for pay and points for the period November 2003 through
November 2006. The applicant now requests credit of pay and
points for the period November 2003 through November 2006. After
a thorough review of the available evidence, we agree with the
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our decision to grant the applicant
pay and points for the period 22 Nov 03 through 17 Nov 06.
Therefore, we recommend his records be corrected to the extent
indicated below
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
not released from active duty on 22 November 2003, but was
continued on active duty until 17 November 2006.
______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2007-03578 in Executive Session on 4 Apr 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary pertaining to AFBCMR Docket Number BC-
2007-03578 was considered:
Exhibit G. Record of Proceedings, dated 30 Oct 09, w/atchs.
Exhibit H. Letter, Applicant, dated 1 Sep 09, w/atchs.
Exhibit I. Letter, AFBCMR Medical Consultant, dated 22 Feb 10.
Exhibit J. Letter, SAF/MRBR, dated 2 Mar 10.
Panel Chair
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